Dominici v. MacClean

Appellate Division of the Supreme Court of New York

Dominici v. MacClean

188 A.D.2d 532, 591 N.Y.S.2d 351, 1992 N.Y. App. Div. LEXIS 14225

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 14, 1992

StatusPublished

Cited by3 cases

This text of 188 A.D.2d 532 (Dominici v. MacClean) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dominici v. MacClean, 188 A.D.2d 532, 591 N.Y.S.2d 351, 1992 N.Y. App. Div. LEXIS 14225 (N.Y. Ct. App. 1992).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to compel the respondent, the Chief Clerk of the Supreme Court, Suffolk County, to accept the petitioner’s judgment of divorce for filing, the appeal is from a judgment of the Supreme Court, Suffolk County (Fierro, J.), dated September 5, 1990, which granted the petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

As the petitioner’s judgment of divorce has been accepted for filing by the appellant, any determination by this Court will not affect the rights of the parties with respect to this proceeding. We find that the matter does not otherwise warrant invoking an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714), particularly since the provisions of the Child Support Standards Act (L 1989, ch 567) relevant to this proceeding were amended effective April 2, 1992 (see, L 1992, ch 41, §§ 146, 149). Accordingly, we dismiss the appeal as academic. Lawrence, J. P., Miller, O’Brien and Pizzuto, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel the respondent, the Chief Clerk of the Supreme Court, Suffolk County, to accept the petitioner’s judgment of divorce for filing, the appeal is from a judgment of the Supreme Court, Suffolk County (Fierro, J.), dated September 5, 1990, which granted the petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

As the petitioner’s judgment of divorce has been accepted for filing by the appellant, any determination by this Court will not affect the rights of the parties with respect to this proceeding. We find that the matter does not otherwise warrant invoking an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714), particularly since the provisions of the Child Support Standards Act (L 1989, ch 567) relevant to this proceeding were amended effective April 2, 1992 (see, L 1992, ch 41, §§ 146, 149). Accordingly, we dismiss the appeal as academic. Lawrence, J. P., Miller, O’Brien and Pizzuto, JJ., concur.

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Bluebook (online)

188 A.D.2d 532, 591 N.Y.S.2d 351, 1992 N.Y. App. Div. LEXIS 14225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dominici-v-macclean-nyappdiv-1992.

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